Zegarelli v. Hughes

I respectfully dissent. In my view, there is no support in the record for Supreme Court’s conclusion that there was a failure by defendant either to disclose the videotape evidence or to authenticate the videotape properly for admission in evidence. I thus conclude that the court erred in granting plaintiffs’ motion to preclude defendant from presenting the videotape in evidence.

Defendant’s investigator made a surveillance videotape of John N. Zegarelli (plaintiff) “quickly and vigorously” shoveling snow between the time of his motor vehicle accident and trial. The videotape was made using an…